Application by Mark Stevens (a pseudonym) under Part 7 of the Crimes (Appeal and Review) Act 2001 [2023] NSWSC 657

Supreme Court New South Wales

Medium Neutral Citation: Application by Mark Stevens (a pseudonym) under Part 7 of the Crimes (Appeal and Review) Act 2001 [2023] NSWSC 657 Hearing dates: On the papers Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Common Law Before: Weinstein J Decision: The application of Mark Stevens filed on 3 August 2022 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is refused. Catchwords: CRIMINAL LAW – appeal and review – application to Supreme Court for inquiry under Part 7 Crimes (Appeal and Review) Act 2001 into five convictions of indecent assault of person under 16 – defended hearing in the Local Court – whether there were errors made by the applicant's lawyer or the Magistrate - whether there is an appearance of a doubt or question as to the guilt of the applicant – no doubt or question - application refused Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Cases Cited: Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes Appeal and Review Act 2001 (NSW) [2020] NSWSC 1048 Application of Peter James Holland under s. 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Buttrose v Attorney General of New South Wales (2015) 324 ALR 562; [2015] NSWCA 221 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Gibson, Scott – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2022] NSWSC 1577 R v Murray (1987) 11 NSWLR 12 Varley v Attorney-General (NSW) (1987) 8 NSWLR 30 Williams v R [2021] NSWCCA 25 Texts Cited: Criminal Trials Bench Book Category: Principal judgment Parties: Mark Stevens (a pseudonym) (Applicant) Attorney General of New South Wales (Respondent) Representation: Applicant: self-represented Respondent: S McGee (instructed by the Crown Solicitor's Office) File Number(s): 2022/13723 Publication restriction: Non-publication order with respect to the name of the complainant or any information which may tend to identify them.